1232SA19B0003_GSWRL_Temple_Solicitation_Step_1.pdf

United States Department of Agriculture

Research, Education, and Economics Agricultural Research Service

MODERNIZATION

Design-Bid-Build Construction Contract for the Grassland, Soil, and Water Research Laboratory (GSWRL) in

Temple, TX

SOLICITATION No. 1232SA19B0003

Administrative and Financial Management 5601 Sunnyside Avenue Beltsville, MD 20705-5100

An Equal Opportunity Employer

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USDA ARS ACQUISITION AND PROPERTY D

5601 SUNNYSIDE AVENUE

RM 3-2102

BELTSVILLE MD 20705

ARS-1232SA

Attention: Stephen Stolte

USDA ARS Contracting Operations Branch 5601 Sunnyside Ave 3-2128D Beltsville, MD 20705

STEPHEN STOLTE 301-504-1187

x

08/26/2019

1232SA19B0003

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Modernization of the Grasslands,Soil, and Water Research Laboratories (GSWRL) in

Temple, Texas

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

15 630 calendar days and complete it within ________________ ________________ calendar days after receiving

09/24/2019

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA ARS ACQUISITION AND PROPERTY D

5601 SUNNYSIDE AVENUE

RM 3-2102

BELTSVILLE MD 20705

ARS-1232SA

STEPHEN STOLTE

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Solicitation No. 1232SA19B0003

TWO-STEP INVITATION FOR BID PROCUREMENT

1. OVERVIEW

1.1 This is a “Two-Step Invitation for Bid” solicitation for the construction of the Grassland, Soil and Water Research Laboratory (GSWRL) located in Temple, Texas. The Contracting Officer will award a firm fixed price contract to the responsive and responsible Bidder, whom the Government determined had an “Acceptable” Step-One proposal, conforms to the solicitation, is fair and reasonable, and bids the lowest overall price. Specifications are not currently available to issue to prospective bidders.

1.2 Overview of the Two-Step Process. The two-step procedure is designed to obtain benefits of sealed bidding by awarding a contract to the lowest price, responsive, responsible offeror.

1.3 STEP ONE. Step One under this bidding process consists of the request for, submission, evaluation, and (if necessary) discussion of a technical proposal.

Only one technical proposal may be submitted by each offeror. The proposals are evaluated for technical acceptability. The technical proposal shall not include prices or pricing information. Offerors should submit proposals that are acceptable without additional explanation or information. The Government may make a final determination regarding a proposal’s acceptability solely on the basis of the proposal as submitted. The Government may proceed with the second step without requesting further information from any offeror; however, the Government may request additional information from offerors of proposals that it considers reasonably susceptible of being made acceptable and may discuss proposals with their offerors. Negotiations or discussions are held, if necessary. A notice of unacceptability will be forwarded to the offeror upon completion of the proposal evaluation and final determination of unacceptability.

1.4 STEP TWO. In Step Two the normal sealed bid process will be followed.

Only bids based upon technical proposals determined to be acceptable, either initially or a result of discussion in Step One, will be considered for award. Each bid in the second step must be based on the bidders own technical proposal. Each bidder shall comply with the specifications and the bidder’s technical proposal.

1.5 Offerors are advised that the Government intends to make awards on the basis of initial technical acceptable proposals without conducting discussion with offerors but reserves the right to conduct discussions if determined by the Government to be necessary [see FAR Part 14.501(a)]. Therefore, the initial proposal should contain the offeror’s best terms from a technical standpoint.

2. BASIS OF AWARD

After bid opening in Step Two, award will be made to the responsive, responsible bidder whose bid offers the lowest overall price to the Government.

2.1 ELIGIBILITY FOR CONTRACT AWARD

In accordance with the requirements of Part 9 of the FAR, no contract shall be entered into unless the Contracting Officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met. This includes the FAR requirement that no award shall be made unless the Contracting Officer makes an affirmative determination of responsibility. To be determined responsible, a prospective prime contractor must meet the general standards in FAR Part 9 and any special standards set forth in the solicitation.

3. THE TECHNICAL EVALUATION FACTORS, STEP ONE

a. The Government will evaluate each offeror’s technical proposal based on how well the proposal addresses each of the evaluation factors, listed below and further described in the Step One Specialized Technical Experience Proposal Volume. Each of the evaluation factors will be evaluated by the Government and in accordance with FAR 14.503-1(e)(1), either an “acceptable”, “unacceptable”, or “reasonably susceptible of being made acceptable” ratings will be determined by consensus of the Government evaluation board. There are no relative weights assigned to the factors.

b. The evaluation factors correlate directly to the main organizational tabs identified in the proposal submission instructions in Step One Specialized Technical Experience Proposal Volume. However, any information contained in the technical proposal can nonetheless be considered by the Government in its evaluation under any factor.

3.1 GENERAL TECHNICAL EVALUATION

a. An offeror’s proposal shall consist of all information and material submitted in writing for evaluation in response to the solicitation. The submission of false or misleading information shall be grounds for disqualification of the proposal.

Offerors must organize their proposals as described and outlined in paragraph 3. The Offeror’s name, solicitation number, and date must be affixed to the outside of each submission. Each submission must have a table of contents. Pages may be single-sided or double-sided (double-sided pages count as two pages) and must be numbered. Any prescribed page and formatting limitations will be strictly adhered to and enforced by the Government. The Government will evaluate any excess information resulting from the offeror’s failure to comply with the submission instructions.

Examples: If a offeror were to submit a fold-out sheet (e.g. 11” x 17”) in response to a one-page limitation where fold-out sheets were not authorized, only the information that could reasonably have been submitted on one 81/2 x 11 sheet would be evaluated. If an offeror were to submit three 81/2 x 11 inch pages in response to a one not to exceed 11 x 17 inch sheet would be evaluated. If an offeror submitted alternates that were not requested the information will not be evaluated.

b. The evaluation shall be conducted in accordance with FAR Subpart 14.5, Two Step Sealed Bidding. For this procurement, only one technical proposal may be submitted by each offeror. Offerors should submit a proposal that is complete without the need of additional explanation or information. The Government shall make a final determination regarding a proposal’s acceptability solely on the basis of the proposal as submitted. The Government may proceed with the second step without requesting further information from any offeror; however, the Government may request additional information from offerors of proposals that it considers reasonably susceptible of being made acceptable.

c. Technical proposals will be read at the factor level. If any factor is found deficient, the proposal will be determined deficient. The initial technical proposal may have limited weaknesses and still be reasonably susceptible of being made acceptable, and therefore eligible for discussions, if no award is made without discussion. However, an initial proposal that contains one or more deficient or unacceptable factors will be considered unacceptable and will be eliminated from further consideration.

d. Technical proposals which do not provide the specified information in the specified location in accordance with the submission instructions may be downgraded. The Government is under no obligation to search for information that is not in the specified location.

e. In general, example projects that the Government did not consider relevant for the purposes of evaluating experience will not be considered as a part of the minimum project requirement.

f. The degree of acceptability to the Government inherent in the offeror’s technical proposal will be a consideration under every evaluation factor.

g. If discussions are held with offerors whose proposals are considered reasonably susceptible of being made acceptable and a request for proposal revisions are requested, the revised proposal will be reevaluated in accordance with the criteria in the solicitation. After completion of discussions and evaluation of any revised proposals, the proposal shall be determined as acceptable or unacceptable. If determined unacceptable, a notice of unacceptability will be forwarded to the offeror upon completion of the proposal evaluation and final determination of unacceptability.

h. The offerors conformance with the specified format and submission requirements will be considered during the technical evaluation. Failure to comply with the formatting and/or submission requirements may be seen as indicative of the type of problems that could be expected during contract performance. Lack of conformance and material omission(s) may cause the technical proposal to be rejected as unacceptable.

i. The proposal submission instructions are written to give prospective offerors, where feasible, an indication of the level of detail desired by the Government.

The offerors failure to include information that the Government has indicated should be included will result in the proposal being found deficient if inadequate detail is provided.

j. For purpose of the past experience evaluation, offerors shall be defined as business arrangements and relationships, such as Joint Venture participants, teaming partners, and key subcontractors.

k. Specialized Technical Experience Evaluation. The experience evaluation results in an evaluation of the offerors probability of meeting the solicitation requirements. The experience evaluation considers each offeror’s demonstrated recent and relevant record focusing on experience that is relevant to the contract requirements.

3.2 FACTOR AND TECHNICAL PROPOSAL RATINGS

Each factor and the technical proposal as a whole will be given one of the ratings identified and defined as follows:

ACCEPTABLE: Proposal demonstrates a clear understanding of all requirements. Evidence provided indicates that the stated approach will be successful and that solicitation requirements will be met. No significant weaknesses other than those permitted herein are identified. For each offeror the Government determines to have submitted an “Acceptable Technical Proposal”, meaning that all factors other than past performance in the Step One submission factors must have been rated as Acceptable by the evaluation board and past performance must have been rated at least satisfactory confidence by the evaluation board.

REASONABLY SUSCEPTIBLE OF BEING MADE ACCEPTABLE: Proposal, as proposed, cannot be rated as acceptable because of error(s), omission(s) or deficiency(ies) which are capable of being corrected without a major rewrite or revision of the proposal.

UNACCEPTABLE: Failure to meet criteria defined in the ratings above.

4. GENERAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

4.1 GENERAL INSTRUCTIONS

4.1.1 Format, Media, Contents, and List of Tabs for the Technical Proposal

The Technical Proposal is to be submitted in one hard “original” and six (6) copies. In addition, submit one complete copy of the technical proposal on Compact Disk (CD) using a searchable “pdf” file format.

Use the attached cover sheet (Attachment A) when submitting the Step One Technical Proposal.

Do not submit excess information, to include audio-visual materials, electronic media, etc. Do not include links to information on websites in lieu of incorporating the information physically into the proposal, except where another size is specifically authorized for a specific submission, use only 81/2” x 11” paper. Use at least 1inch margins, which may include headers and footers. Do not justify the right margin. Ensure that all text and graphics are clearly legible. Do not use a font size smaller than 10, in unusual font styles such as script, or condensed fonts. Pages furnished for organizational purposes only, such as a “Table of Contents” or divider tabs are excluded from page limitations.

There is a 24 page limit for the overall technical proposal. Organize your technical proposal as indicated below. The tabs directly correlate to the technical evaluation factors as listed below. Although the Government may use information contained anywhere within the technical proposal in its evaluation of any technical evaluation criteria, the Government is not obligated to search for or to consider information that is not located in the specified location. Start the information for each example project on a new page. Number the pages. Do not include information pertaining to your proposed pricing for this project in the technical proposal. Limit your submittals to the information provided specified; excess information and pages will not be evaluated.

TAB CONTENTS

TAB 1 – Factor 1 - Research Laboratory Construction Experience TAB 2 – Factor 2 - Headhouse/ Greenhouse Renovation Construction Experience TAB 3 – Factor 3 - Phased Construction Experience TAB 4 – Factor 4 - Demolition Construction Experience TAB 5 – Factor 5 – Management Team TAB 6 – Factor 6 – Key Subcontractor Commitment(s) and Authorization Letters

4.1.2 Proposal Binding

The preferred method for assembling proposals is a method that enables the rapid insertion or deletion of pages such as three ring binders. Ensure recommended capacity is not exceed and that pages turn freely. Do not use spring clamps, spiral binding systems or heat binding systems.

4.1.3 Conditioning of Proposal or Bid

Do not include exceptions to the terms and conditions of the solicitation in either the technical or bid price submissions. Inclusion of any standard company terms and conditions that conflict with the terms and conditions of the solicitation may result in a determination that the proposal/bid is unacceptable and thus ineligible for award. Resolve questions about the terms and conditions or technical requirements of the solicitation prior to submission of the proposal/bid. Please refer to Section L.10 of the solicitation, Inquiries (AGAR 452.204-70), for Contracting Officer point of contact information. Notwithstanding the above, the bidder must clearly describe in the proposal cover sheet submitted with the bid price submission any exceptions, within the proposal/bid, to the contractual and/or technical terms and conditions of the solicitation.

4.1.4 Restrictions on Offeror – Provided Information

“Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can nonetheless be provided to the Government as part of the offeror’s technical proposal. Offerors that include in their proposals and bid information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must clearly mark the information in accordance with FAR 52.215-1, “Instructions to Offerors – Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data”. Files shall not include classified data.

5. STEP ONE SPECIALZED TECHNICAL EXPERIENCE PROPOSAL

5.1 DETAILED SUBMISSION REQUIREMENTS AND EVALUATION CRITERIA FOR

THE SPECIALIZED TECHNICAL EXPERIENCE PROPOSAL

**** TECHNICAL PROPOSALS SHALL NOT INCLUDE PRICES OR PRICING ****

5.1.1 General

The information provided in this section will be used in evaluating the offeror’s specialized technical experience specific to this solicitation. The information that is required for Factors 1 – 4 are identified in Attachment B, “EXPERIENCE IN RELEVANT PROJECTS”, which can be extended to two pages. Offerors are not required to use the form itself as part of their proposal, but the information requested on the form must be in the offeror’s proposal and should be in the same format as the form.

For factors 1 through 4 the project descriptions and relevancy narratives must clearly articulate the relevancy in sufficient detail to determine technical capability. The more similarities an example project has with the prospective contract, the greater the degree of relevancy. Projects that meet multiple requirements can be submitted under multiple factors; however, the relevancy discussions must be specific to each factor.

5.2 Submission requirements

5.2.1 Factor 1 – Research Laboratory Construction Experience:

Offerors must submit three (3) examples of projects with completion dates within the last 7 years from the date of this solicitation showing successful completion of research laboratories. Projects may be from the Public or Private Sectors. This factor has a six (6) page limit.

5.2.2 Factor 2 - Headhouse/ Greenhouse Renovation Construction Experience:

Offerors must submit two (2) examples of projects with completion dates within the last 7 years from the date of this solicitation showing successful completion of headhouse/ Greenhouse renovation projects. Projects may be from the Public or Private sectors.

This factor has a six (6) page limit.

5.2.3 Factor 3 – Phased Construction Experience:

Offerors must submit three (3) examples with completion dates within the last 7 years from the date of this solicitation showing successful completion of phased construction projects in an active facility. Research and experiments are expected to continue unimpeded during the GSWRL modernization effort. Projects may be from the Public or Private sectors. This factor has a six (6) page limit.

5.2.4 Factor 4 – Demolition Construction Experience:

Offerors must submit three (3) example of projects with completion dates within the last 7 years from the date of this solicitation showing successful completion of demolition projects. Projects may be from the Public or Private Sectors. This factor has a six (6) page limit.

5.2.5 Factor 5 – Management Team: Experience in teaming to construct laboratories.

Offeror must submit an organizational chart identifying the proposed team that will execute this project. This organizational chart must include the Offeror’s Project Manager, Superintendent, Quality Control Supervisor, and proposed subcontractors anticipated. The organizational chart shall show the relationships to each other as well as the communication lines. This element is limited to one (1) page.

The Offeror must submit the resumes of the Project Engineer, Superintendent, and Quality Control representative slated to manage this project. Each resume must highlight specific experience and qualifications on projects of similar technical criteria as identified in Factors 1 through 4. Each of the named personnel must demonstrate experience as noted in the specifications for their specialty and be regularly engaged in the positions for which they are being proposed. This element is limited to six (6) pages.

The Key Personnel Resumes shall include the following:

1. Personnel’s Title on this project

2. Number of years with this firm and with other firms

3. Number of years in this position or role

4. Personnel’s specific experience and qualifications relevant to this project

The Offeror shall ensure that the named personnel and subcontractors will be used on this project. If upon award, the named personnel and/or subcontractors will not be used and/or subcontractors with the same or better qualifications shall be submitted and approved by the Contracting Officer.

5.3 Evaluation Criteria

5.3.1 Factor 1 (Research Laboratory Construction Experience) Factor 2 (Headhouse/ Greenhouse Renovation Construction Experience) Factor 3 (Phased Construction Experience) Factor 4 (Demolition Construction Experience) will be rated as follows:

Acceptable: Offeror has provided examples of relevant projects meeting the minimum factor criteria as specified in Section 5.2.

Reasonably susceptible of being made Acceptable: Offeror has not provided the minimum number of relevant projects meeting the minimum factor criteria due to error(s), omissions(s) or deficiency (ies) which are capable of being corrected without a major rewrite or revision of the proposal.

Unacceptable: Offeror has not provided examples relevant projects meeting the minimum factor criteria stated in Section 5.2.

5.3.2 Factor 5 (Management Team): Offeror shall be evaluated on the relevancy and technical similarity to the solicited project and its demonstrated successful experience.

Acceptable: Offeror team collectively demonstrates experience with projects meeting the criteria required in Factors 1 through 4 in total.

Reasonably susceptible of being made Acceptable: Offeror team does not collectively demonstrate experience with projects meeting the criteria required in Factors 1 through 4 in total due to error(s), omission(s) or deficiency(ies) which are capable of being corrected without a major rewrite or revision of the proposal.

Unacceptable: Offeror team does not collectively demonstrate experience with projects meeting the criteria required in Factors 1 through 4 in total.

6. KEY SUBCONTRACTOR COMMITTMENT AND AUTHORIZATION LETTERS

6.1 Provide a letter of commitment and authorization form from each proposed key subcontractor that states the business concern’s intent to work on this project in the proposed specified capacity if the Offeror is awarded the contract.

Each letter should be furnished on the business concern’s letterhead and signed by an authorized representative of the concern.

7. EVALUATION OF THE BID, STEP TWO

7.1 Information required to be submitted in the bid Price in addition to the executed SF 1442 with acknowledgements and the completed pricing schedule will be used to determine the bidder’s eligibility for contract award in accordance with paragraph 2.1 above. (for example, the bidder’s representations and certifications; the bid guarantee, the bidder’s pre-award survey information; and the bidders small business subcontracting plan). The Government may enter into exchanges with bidders about such information without it constituting discussions, subject to applicable FAR limitations;

FAR 28.101-4, Noncompliance with bid guarantee requirements.

7.2 Past performance information for the apparent awardee shall be obtained from any sources available to the Government, to include, but not limited to, the Contractor Performance Assessment Reporting System (CPARS), or other databases; interviews with Program Managers, Contracting Officers, and Fee Determining Officials; and the Defense Contract Management Agency (DCMA).

The evaluation may take into account the number and severity of problems, the demonstrated effectiveness of corrective actions taken, and the overall work record.

8. SUBMISSION DEFINITIONS

Deficiency is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

Rating is the evaluator’s conclusions (supported by narrative write-ups) identifying the weaknesses and deficiencies of an evaluation factor or subfactor. The ratings for the Technical Factor and each of its Subfactors will be expressed as an adjective. The ”rating” is simply the adjective itself. The weaknesses, deficiencies etc., are the findings that support the rating.

Relevancy, as it pertains to past performance information, is a measure of the extent of similarity between the service/support effort, complexity, dollar value, contract type, and subcontractor/teaming or other comparable attributes of past performance examples and the source solicitation requirements; and a measure of the likelihood that the past performance is an indicator of future performance.

Weakness means a flaw in the proposal that increases the risk of unsuccessful contract performance.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE

(FAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquisition.gov

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE

NUMBER DATE TITLE

52.202-1 NOV 2013 DEFINITIONS

52.203-3 APR 1984 GRATUITIES

52.203-5 MAY 2014 COVENANT AGAINST CONTINGENT FEES

52.203-7 MAY 2014 ANTI-KICKBACK PROCEDURES

52.203-8 MAY 2014 CANCELLATION, RESCISSION, AND RECOVERY

FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

52.203-10 MAY 2014 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR

IMPROPER ACTIVITY

52.203-12 OCT 2010 LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS

52.204-4 MAY 2011 PRINTED OR COPIED DOUBLE-SIDED ON

RECYCLED PAPER

52.204-6 OCT 2016 UNIQUE ENTITY IDENTIFIER

52.204-7 OCT 2018 SYSTEM FOR AWARD MANAGEMENT

52.204-9 JAN 2011 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

52.209-6 OCT 2015 PROTECTING THE GOVERNMENT'S INTEREST

WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.211-10 APR 1984 COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK

52.211-12 SEP 2000 LIQUIDATED DAMAGES-CONSTRUCTION

52.211-13 SEP 2000 TIME EXTENSIONS

52.214-3 DEC 2016 AMENDMENTS TO INVITATIONS

52.214-4 APR 1984 FALSE STATEMENTS IN BIDS

52.214-5 DEC 2016 SUBMISSION OF BIDS

52.214-6 APR 1984 EXPLANATION TO PROSPECTIVE BIDDERS

52.214-7 NOV 1999 LATE SUBMISSIONS, MODIFICATIONS, AND

WITHDRAWAL OF BIDS

52.214-18 APR 1984 PREPARATION OF BIDS-CONSTRUCTION

52.214-19 AUG 1996 CONTRACT AWARD-SEALED BIDDING-

CONSTRUCTION

52.214-27 AUG 2011 PRICE REDUCTION FOR DEFECTIVE COST OF

PRICING DATA - MODIFICATIONS - SEALED

BIDDING

52.214-28 OCT 2010 SUBCONTRACTOR COST OR PRICING DATA -

MODIFICATIONS - SEALED BIDDING

52.214-29 JAN 1986 ORDER OF PRECEDENCE - SEALED BIDDING

52.214-34 APR 1991 SUBMISSION OF OFFERS IN THE ENGLISH

LANGUAGE

52.214-35 APR 1991 SUBMISSION OF OFFERS IN U.S. CURRENCY

52.216-1 APR 1984 TYPE OF CONTRACT

52.219-8 OCT 2018 UTILIZATION OF SMALL BUSINESS CONCERNS

52.219-14 JAN 2017 LIMITATIONS ON SUBCONTRACTING

52.222-1 FEB 1997 NOTICE TO THE GOVERNMENT OF LABOR

DISPUTES

52.222-3 JUN 2003 CONVICT LABOR

52.222-4 MAY 2018 CONTRACT WORK HOURS AND SAFETY

STANDARDS

ACT -- OVERTIME COMPENSATION

52.222-5 MAY 2014 CONSTRUCTION WAGE RATE

REQUIREMENTS-SECONDARY SITE OF THE

WORK

52.222-6 AUG 2018 DAVIS-BACON ACT

52.222-7 MAY 2014 WITHOLDING OF FUNDS

52.222-8 AUG 2018 PAYROLLS AND BASIC RECORDS

52.222-9 JUL 2005 APPRENTICES AND TRAINEES

52.222-10 FEB 1988 COMPLIANCE WITH COPELAND ACT

REQUIREMENTS

52.222-11 MAY 2011 SUBCONTRACTS (LABOR STANDARDS)

52.222-12 MAY 2014 CONTRACT TERMINATION – DEBARMENT

52.222-13 MAY 2014 COMPLIANCE WITH CONSTRUCTION WAGE

RATES

AND RELATED REGULATIONS

52.222-14 FEB 1988 DISPUTES CONCERNING LABOR STANDARDS

52.222-15 MAY 2014 CERTIFICATION OF ELIGIBILITY

52.222-21 APR 2015 PROHIBITION OF SEGREGATED FACILITIES

52.222-23 FEB 1999 NOTICE OF REQUIREMENT FOR AFFIRMATIVE

ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION

52.222-26 SEP 2016 EQUAL OPPORTUNITY

52.222-27 APR 2015 AFFIRMATIVE ACTION COMPLIANCE

REQUIREMENTS FOR CONSTRUCTION

52.222-35 OCT 2015 EQUAL OPPORTUNITY FOR VETERANS

52.222-36 JUL 2014 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES

52.222-37 FEB 2016 EMPLOYMENT REPORTS ON VETERANS

52.222-54 OCT 2015 EMPLOYMENT ELIGIBILITY VERIFICATION

52.223-5 MAY 2011 POLLUTION PREVENTION AND RIGHT-TO-

KNOW

INFORMATION

52.223-6 MAY 2001 DRUG-FREE WORKPLACE

52.225-9 MAY 2014 BUY AMERICAN-CONSTRUCTION MATERIALS

52.225-10 MAY 2014 NOTICE OF BUY AMERICAN REQUIREMENT-

CONSTRUCTION MATERIALS

52.225-11 OCT 2016 BUY AMERICAN-CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS

52.225-12 MAY 2014 NOTICE OF BUY AMERICAN REQUIREMENT-

CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENT

52.225-13 JUN 2008 RESTRICTIONS ON CERTAIN FOREIGN

PURCHASES

52.227-1 DEC 2007 AUTHORIZATION AND CONSENT

52.227-2 DEC 2007 NOTICE AND ASSISTANCE REGARDING

PATENT AND COPYRIGHT INFRINGEMENT

52.227-4 DEC 2007 PATENT INDEMNITY—CONSTRUCTION

CONTRACTS

52.228-2 OCT 1997 ADDITIONAL BOND SECURITY

52.228-11 AUG 2018 PLEDGE OF ASSETS

52.228-12 MAY 2014 PROSPECTIVE SUBCONTRACTOR REQUESTS

FOR BONDS

52.228-14 NOV 2014 IRREVOCABLE LETTER OF CREDIT

52.229-3 FEB 2013 FEDERAL, STATE, AND LOCAL TAXES

52.232-17 MAY 2014 INTEREST

52.232-23 MAY 2014 ASSIGNMENT OF CLAIMS

52.232-27 JAN 2017 PROMPT PAYMENT FOR CONSTRUCTION

CONTRACTS

52.233-1 MAY 2014 DISPUTES

52.233-2 SEP 2006 SERVICE OF PROTEST

52.233-3 AUG 1996 PROTEST AFTER AWARD

52.233-4 OCT 2004 APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM

52.236-1 APR 1984 PERFORMANCE OF WORK BY CONTRACTOR

52.236-2 APR 1984 DIFFERING SITE CONDITIONS

52.236-3 APR 1984 SITE INVESTIGATION AND CONDITIONS

AFFECTING THE WORK

52.236-5 APR 1984 MATERIAL AND WORKMANSHIP

52.236-6 APR 1984 SUPERINTENDENCE BY THE CONTRACTOR

52.236-7 NOV 1991 PERMITS AND RESPONSIBILITIES

52.236-8 APR 1984 OTHER CONTRACTS

52.236-9 APR 1984 PROTECTION OF EXISTING VEGETATION,

STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

52.236-10 APR 1984 OPERATIONS AND STORAGE AREAS

52.236-11 APR 1984 USE AND PROFESSION PRIOR COMPLETION

52.236-12 APR 1984 CLEANING UP

52.236-13 NOV 1991 ACCIDENT PREVENTION

52.236-14 APR 1984 AVAILABILITY AND USE OF UTILITY SERVICES

52.236-15 APR 1984 SCHEDULES CONSTRUCTION CONTRACTS

52.236-17 APR 1984 LAYOUT OF WORK

52.236-21 FEB 1997 SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION

52.236-26 FEB 1995 PRECONSTRUCTION CONFERENCE

52.236-27 FEB 1995 SITE VISIT (CONSTRUCTION)

52.242-13 JUL 1995 BANKRUPTCY

52.242-14 APR 1984 SUSPENSION OF WORK

52.243-4 JUN 2007 CHANGES

52.244-6 OCT 2018 SUBCONTRACTS FOR COMMERCIAL ITEMS

52.246-12 AUG 1996 INSPECTION OF CONSTRUCTION

52.246-21 MAR 1994 WARRANTY OF CONSTRUCTION

52.248-3 OCT 2015 VALUE ENGINEERING - CONSTRUCTION

52.249-2 APR 2012 TERMINATION FOR CONVENIENCE

OF THE GOVERNMENT (FIXED PRICE) (ALT. I-

SEP 1996)

52.249-10 APR 1984 DEFAULT (FIXED PRICE CONSTUCTION)

52.253-1 JAN 1991 COMPUTER GENERATED FORMS

I.2 INSURANCE--WORK ON A GOVERNMENT INSTALLATION

(FAR 52.228-5) (JAN 1997)

(a) The contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The contractor shall maintain a copy of all subcontractor's proofs of required insurance and shall make copies available to the Contracting Officer upon request.

I.3 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION

(FAR 52.228-15) (OCT 2010)

(a) Definitions. As used in this clause—

“Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

I.4 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (FAR 52.232-5) (MAY 2014)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor's request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if-

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made:

(However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that-

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title) (Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall-

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until-

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds.

Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as-

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this contract after-

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C.

3903(c)(1), the amount payable under paragraph (d)(2) of this clause shall be-

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and

(2) Deducted from the next available payment to the Contractor.

I.5 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM

FOR AWARD MANAGEMENT (FAR 52.232-33) (OCT 2018)

(a) Method of payment.

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the System for Award Management (SAM). In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to SAM.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. If the Contractor's EFT information in SAM is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into SAM; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for-

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph

(d) of this clause shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in SAM and shall be paid by EFT in accordance with the terms of this clause.

Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph

(d) of this clause.

(h) Liability for change of EFT information by financial agent.